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Govt does not admit to existence of bonded labour: Bombay HC

The main problem in tackling the issue of bonded labour is that the Maharashtra government is denying their existence, observed the Bombay high court on Thursday.

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The main problem in tackling the issue of bonded labour is that the Maharashtra government is denying their existence, observed the Bombay high court on Thursday.

“The government does not admit to the existence of bonded labour… When you come to know of bonded labour practice, why can’t you do something?” asked chief justice Mohit Shah.
A division bench of chief justice Mohit Shah and justice Roshan Dalvi was hearing a suo moto public interest litigation on articles appeared in DNA in November 2011 highlighting deaths of bonded labourers at the hands of their employers.

Public prosecutor Pandurang Pol informed the court that the Reserve Bank of India (RBI) has schemes for micro-financing of poor people, including those in rural areas. However, the same does not cover bonded labourers as one of the main conditions of lending is repayment, said Pol.

To this the chief justice remarked: “But they are the ones who need it (loan) the most. If you insist on security then bonded labourer won’t come. You should instead look at their earning capacity during the working season.”

Asking the government to relook at the scheme to extend it to the bonded labourer, the court observed: “It is obvious that the beneficiaries (of micro-financing scheme) would also include bonded labourer therefore there is no need to make separate scheme of micro financing of bonded labourer.”

The court has directed the government to co-ordinate with the state and district central co-operative banks with the Maharashtra State Legal Services Authority to organise literacy camps to spread awareness among tribals about the micro-finance schemes and the availability of legal aid.

As per earlier court instructions, the National Co-Operative Bank said they have given Rs5 crore to 17,000 self-help groups who work with the tribals and bonded labourers. The court noted that Rs2 crore of this was given till December 2011 and remaining Rs3 crore in last two months. “Rs 3 crore in two months… You have to finish the year end quota?” asked chief justice.

During the course of the hearing, advocate Pradip Havnur pointed out to the court that three months will lapse on February 26 in the death of Jhipru Mukane, the bonded labourer who was allegedly killed by the owner of brick kiln where he worked. State Crime Investigation Department informed the court that they would be filing charge sheet against Balu Chaudhary and others by Friday.

Havnur pointed out two more incidents, which had occurred in Wada taluka in Thane district where bonded labourers were allegedly killed by their employees. “The incidents are rampant and the vigilance committee fails to perform their duty,” said Havnur.

The HC has directed the police to register FIRs in the two new incidents that took place at Wada. The HC has kept the matter for further hearing on March 22.

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